Terms of Service

Last updated: 1 January 2025

These Terms of Service (“Terms”) govern the provision of professional business and consulting services by Prestige Surfaces Pty Ltd (ABN 74 703 553 575) (“we”, “us”, “our”) to you (“the Client”). By engaging our services, requesting a quote, or accepting a proposal issued by us, you agree to be bound by these Terms.

1. Our Services

We provide professional business and consulting services, including advisory, planning, project coordination and related support services. The specific scope, deliverables, timelines and fees for each engagement will be set out in a written proposal, quotation or statement of work agreed between the parties (“the Engagement”).

Any advice, reports or materials we provide are prepared for the Client’s stated purposes only and must not be relied upon by any third party without our prior written consent.

2. Quotes and Engagement

• Quotes are valid for 30 days from the date of issue unless otherwise stated in writing.
• A quote is an estimate based on the information available at the time. If the scope of work changes, or information provided to us proves inaccurate or incomplete, we may issue a revised quote for your approval before proceeding.
• An engagement commences only once we have received written confirmation (including by email) of your acceptance of the quote or proposal.

3. Fees, Invoicing and Payment

• Fees are payable in Australian dollars (AUD) and are exclusive of GST unless expressly stated otherwise. GST is payable in addition at the applicable rate.
• Invoices are payable within 14 days of the invoice date unless alternative terms are agreed in writing.
• We may require a deposit or progress payments for larger engagements, as set out in the applicable proposal.
• Overdue amounts may, to the extent permitted by law, attract interest and reasonable costs of recovery.

4. Client Responsibilities

To enable us to perform the Engagement, the Client agrees to:

• Provide accurate, complete and timely information, access and documentation reasonably required by us;
• Respond to requests for feedback or approval within a reasonable time;
• Ensure that any materials or data supplied to us do not infringe the rights of any third party; and
• Nominate a suitable point of contact for the Engagement.

Delays caused by a failure to meet these responsibilities may affect agreed timelines and, where applicable, result in additional fees, which we will notify to you in advance where practicable.

5. Intellectual Property

All pre-existing intellectual property owned by either party remains the property of that party. Upon full payment of our fees, the Client is granted a licence to use the deliverables prepared specifically for the Client for its internal business purposes. We retain the right to reuse our general methodologies, frameworks, tools and know-how developed or used in the course of providing services.

6. Confidentiality

Each party will keep confidential all non-public information obtained from the other party in connection with an Engagement and will not disclose it to any third party except where required by law or where disclosure is necessary to perform the services (in which case the recipient is bound by equivalent confidentiality obligations).

7. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

To the extent permitted by law, and except for those non-excludable guarantees and remedies, our liability for any loss or damage arising in connection with the services is limited, at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.

8. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, loss of profit, loss of revenue or loss of business opportunity arising in connection with the Engagement, except where such liability cannot be excluded by law. Our total aggregate liability arising out of or in connection with an Engagement will not exceed the fees paid by the Client for that Engagement, except where a greater amount is required by the Australian Consumer Law or other non-excludable law.

9. Suspension and Termination

• Either party may terminate an Engagement by giving 14 days’ written notice to the other party.
• We may suspend or terminate services immediately if the Client fails to pay amounts owing when due, or materially breaches these Terms, and the breach is not remedied within 7 days of written notice.
• Upon termination, the Client must pay for all services performed and expenses incurred up to the date of termination.

10. Force Majeure

We are not liable for any delay or failure to perform our obligations where that delay or failure is caused by an event beyond our reasonable control, including natural disasters, industrial action, pandemics, government restrictions or failures of third-party infrastructure.

11. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy forms part of these Terms.

12. Changes to These Terms

We may update these Terms from time to time. The current version will always be published on this page with the date of last revision. The Terms applicable to any Engagement are those in force at the time the Engagement is confirmed, unless a later version is agreed in writing.

13. Governing Law

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.

14. Contact

If you have any questions about these Terms, or wish to give notice under them, please contact us:

• Email: ceo@prestigesurfaces.online
• Postal address: Prestige Surfaces Pty Ltd, Melbourne VIC, Australia
• Website: https://prestigesurfaces.online

Prestige Surfaces Pty Ltd · ABN 74 703 553 575